RAMJI YADAV Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) The issue involved in the present writ petition is the date of birth of the petitioner. According to the petitioner the actual date of birth of the petitioner is 04.01.1965 whereas the respondent employer has treated his date of birth to be 26.07.1954 and have superannuated the petitioner about 9 year before schedule.

(2.) Facts of the case is that the petitioner was initially appointed in the year 1984 as General Majdoor Loader. At the time of appointment the petitioner was appointed against the illiterate category. The petitioner at the time of his appointment was subjected to age determination and where his date of birth in the records was recorded as 26.07.1954 in the year 1984. Based upon that the date of birth in the entire service records of the petitioner and other statutory registers maintained by the respondents the date of birth was entered and maintained as 26.07.1954. The said date of birth was also reflected in the provident fund record as also in the Form-B Register which is the statutory register required to be maintained under the provision of Mines Act. Right from 1984 till the notice of retirement which was issued on 09.10.2013 there has never been any representation whereas the objection raised by the petitioner so far as his date of birth in the service records are concerned.

(3.) Contention of the petitioner is that at the time of appointment he had submitted his Class-8th Marksheet where his date of birth was 04.01.1965 and he was under the presumption and his date of retirement would be based upon his date of birth as 04.01.1965. This has not happened rather erroneously a different date of birth has been accepted by the respondents in the service record. Further contention of the petitioner is that in the light of the Implementation Instruction No.76 the matter needs to be referred to the Age Determination Committee.